A pair of prominent Republican state lawmakers are fighting to stay on the ballot this fall following a new legal opinion from the Montana Attorney General regarding term limits. With the ballot certification deadline rapidly approaching, the judge overseeing the case says he expects to rule within the next 24 hours.
Rep. Llew Jones, R-Conrad, and Rep. Steve Fitzpatrick, R-Great Falls, and the Pondera County Republican Party Leader Ted Kronebusch argued in state district court on Tuesday that the state should not enforce the new opinion from Knudsen. Judge Chris Abbott is hearing the case.
Jones is one of the longest-serving members of the Montana Legislature and is running for Senate District 9 this year. Fitzpatrick has held several leadership positions, most recently Majority Leader for the Montana House of Representatives. He is running for House District 24.
In 1992, voters passed a constitutional amendment that limits state lawmakers and officials like the governor and attorney general to eight years in any 16-year period.
A 2012 opinion from then-Attorney General Steve Bullock, a Democrat, said the limit's timeline is based on when the term begins, effectively allowing lawmakers to bounce back and forth between the two chambers. His opinion followed legislation that intended to clarify when the timeframe would start and end for Montana’s term limits.
Last week, Attorney General Austin Knudsen, a Republican, rescinded that opinion and issued his own, saying the cutoff begins at the time of the election. The AG looked into the matter after Montana Senate President Matt Regier asked Knudsen to review Llew Jones's eligibility to run.
While Knudsen’s opinion does not specifically name Jones, Fitzpatrick told Nonstop Local he thinks it is clear who the opinion was intended for, given the timing so close to ballot certification.
“There’s no doubt in my mind that [Knudsen’s] deliberately attacking Rep. Jones,” he noted. “Whether or not he wanted to get me or not, I won’t speculate, but I can say with certainty he’s out to get Jones.”
If the opinion stands, neither Jones nor Fitzpatrick would qualify to run and would have to be replaced on the ballot.
On Monday, a 12-person committee with the Montana Republicans voted to replace Jones with Kronebusch on the ballot. The two have been friends and allies for years.
Lawyers representing the Department of Justice argued the opinion addressed only term limits, and ensuring politicians are limited to 8 years in any given office.
“It’s eight years that triggers the prohibition,” said Brent Mead with the Department of Justice, “And that’s it.”
Divisions among the Montana Republican Party have widened in recent years, with public in-party fighting over ideology becoming more prevalent.
Last legislative session, the GOP-controlled Senate was mired in heated debate after nine Republicans joined Democrats to pass several key pieces of legislation. That effort drew the ire of Republican leadership.
This year’s primary saw several long-serving Montana Republican lawmakers face party leadership-backed primary challengers and significant spending in those races. Jones alone saw around a quarter million dollars targeting his campaign in an attempt to unseat him.
Knudsen's opinion also comes as the deadline for the Secretary of State to certify ballots approaches on Thursday. Elections Director/Chief Legal Counsel Austin James said the Secretary of State’s Office is not taking a position on the issue, only asking for speed in the decision from the court given the looming deadline.
Judge Abbott said he recognized the need for a swift declaration in this case and is hoping to have a ruling on Wednesday morning.